What is Article 16 of the Northern Ireland Protocol and how should it work? This paper looks at the reasons why Article 16 might be triggered, what the other party can do to respond if it is, the role of the arbitration panel to settle disputes, whether the TCA can be used to cross-retaliate and can it be terminated, how the EU's infringement process could be used, and in what other areas the EU could withhold cooperation.
The Government published the following texts on the Gov.uk website:
Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, 14 November 2018 (this includes Protocols on Ireland / Northern Ireland and the Sovereign Base Areas in Cyprus and Gibraltar)
These texts are also available on the EU’s Taskforce 50 website:
Draft withdrawal agreement, 14 November 2018
The following factsheets have also been published by the European Commission:
European Commission – Fact Sheet: Protocol on Ireland and Northern Ireland, 14 November 2018
Factsheet and Q&A: Brexit Negotiations: What is in the Withdrawal Agreement, 14 November 2014